Interpretation by the Standing Committee of the National People's Congress Regarding the Application of the Subject of the Crime of Dereliction of Duty in Chapter IX of the Criminal Law of the People's Republic of China

(npc.gov.cn)     Updated : 2015-12-01

(Adopted at the 31st Meeting of the Standing Committee of the Ninth National People's Congress on December 28, 2002)

On the basis of the problems encountered in judicial practice, the Standing Committee of National People's Congress has discussed the application of the subject of the crime of dereliction of duty in Chapter IX of the Criminal Law, and gives the interpretation as follows:

When exercising power on behalf of a State organ, a person, engaged in public service in an organization which exercises the administrative power of the State according to laws and regulations, or in an organization entrusted by a State organ with the exercise of power on its behalf, or engaged in public service in a State organ although not included in the staff of the State organ, who commits dereliction of duty, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the provisions on the crime of dereliction of duty as provided for in the Criminal Law.

This Interpretation is hereby announced.

The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.